Tax under Punjab VAT Act 2005 needs to be deposited by a dealer within a period of 30 days in case of cash and 20 days in case of payment by cheque from the end of the quarter or month as the case may be depending upon the fact whether dealer is required to file return quarterly or monthly.
Thus the tax for the quarter ending 31st March should be deposited by 30th April in case of cash deposit of tax. Suppose if on 30th April there happens to be Sunday then tax can be deposited on 1st of May i.e the next following day and such payment of tax would be considered as payment of tax within time.
I am sharing herebelow the reason and relevant law for considering such payment of tax within time.
The provisions of law contained in section 4 of limitation Act read with Section 10 of General Clauses Act, lays down that “any act of proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, if the court or office is closed on that day or the last day of the prescribed period, the act or the proceedings shall be considered as done or taken in due time, if it is done or taken on the next day afterwards on which the court or office is open.”
Thus as per the above provisions of law if last day of payment is Sunday then the payment on next following day will be considered as payment of tax within time, hence no penalty can be levied for delayed payment of tax in such cases.
Similar views can also be seen in AIR 1957 SC 271 and Premier Vinyl Flooring Ltd. V Commissioner of Sale Tax, (2004) 137 STC 366(All.)
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